Marissa City Zoning Code
SPECIAL USES
§ 154.395 SPECIAL USE PERMITS.
This chapter divides the village into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such special uses require careful case-by-case review, and may be allowed only after review and approval by the Zoning Board of Appeals.
(Prior Code, § 40-10-24)
§ 154.396 APPLICATION.
(A) Every applicant for a special use permit shall submit to the Zoning Administrator in narrative and/or graphic form, the items of information enumerated below. The Zoning Administrator shall promptly transmit the completed application, together with any comments or recommendation he or she might have, to the Zoning Board of Appeals for further consideration.
(C) The following items of information shall be included:
(1) Name and address of the applicant;
(2) Name and address of the owner or operator of the proposed structure or use, if different from division (C)(1) above:
(3) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
(4) Location of the proposed use or structure, and its relationship to existing uses of structures on adjacent lots;
(5) Area and dimensions of the site for the proposed structure or use;
(6) Existing topography of the site and proposed finished grade;
(7) Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
(8) Height and setbacks of the proposed structure;
(9) Number and size of the proposed dwelling units, if any;
(10) Number and location of proposed parking/loading spaces and access ways;
(11) Identification and location of all existing or proposed utilities, whether public or private; and/or
(12) Any other pertinent information that the Zoning Administrator may require.
(Prior Code, § 40-10-25) (Ord. 06-08, passed 6-19-2006)
§ 154.397 PUBLIC HEARING; NOTICE.
(A) The Zoning Board of Appeals shall hold a public hearing on every special use permit application within 60 days after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(B) Notice indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than 30 days, nor less than 15 days, before the hearing:
(1) By certified mail to the applicant;
(2) By publication in a newspaper of general circulation within the village; and
(3) By first-class mail to all owners of property contiguous to the property affected by the proposed variance.
(Prior Code, § 40-10-26)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-7
§ 154.398 ADVISORY REPORT; FACTORS CONSIDERED.
Within 30 days after the public hearing, the Zoning Board of Appeals shall reach a final decision. In deciding, the Zoning Board of Appeals shall consider the following factors:
(A) Whether the proposed design, location, and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;
(B) Whether the proposed special use is consistent with the village’s Comprehensive Plan, if any;
(C) The effect the proposed special use would have on the value of neighboring property and on the village’s overall tax base;
(D) The effect the proposed special use would have on public utilities and on the traffic circulation on nearby streets; and
(E) Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.
(Prior Code, § 40-10-27)
§ 154.399 ACTION BY THE BOARD OF TRUSTEES.
(A) The Board of Trustees shall act on every request for a special use permit at its next regularly scheduled meeting following submission of the advisory report by the Zoning Board of Appeals. Without further public hearing, the Board of Trustees may approve or disapprove a special use permit by an ordinance passed by simple majority vote of all members then holding office.
(B) In a separate statement accompanying any such ordinance, the Board of Trustees shall state its findings of fact, and indicate its reasons for a special use permit.
(Prior Code, § 40-10-28)
Statutory reference:
Related provisions, see 65 ILCS 5/11-31-1
§ 154.400 TEMPORARY USE PERMIT PROCEDURE.
As set forth at § 154.033, requests for temporary use permits shall be treated in the same manner as requests for special use permits. The Zoning Board shall issue no temporary use permit for a period longer than one year but may renew any such permit as they see fit.
(Prior Code, § 40-10-29)